Our Dive Club has been threatened with a Lawsuit under RICO

[TimAZ]

How long has the dive club been using this land/dive site? If it has been used regularly and overtly long enough (7 Years?) the dive club may have legal claim to continued use regardless of ownership. Also, what are Mass. laws regarding access to navigable waterways?

 

[Atticus]

Folks from other part of the country are going to look at that surf crashing and think "and the homeowner is the crazy one?" Got to look at Norman's Woe from this view it must look like a death wish if the same conditions exist.

I was kind of wondering what the diving is like there. The satellite picture makes it look kind of ... exciting ...

 

[Charlie99]

Just so we're all on the same page:
http://local.live.com/default.aspx?....712167_Entry_~aN.42.572400_-70.712273_Entry_

I think I placed the (2) on the path, but the picture isn't all that clear.
I've seen people enter/exit at (3), (4) and (5) (or there about).

Where are the properly lines? Is all of the area on the beach side of the road public, or just a little strip, such as an extension of the cross road?

Looking at the photo, I wonder what's really going on. I suspect it may just be a case of divers generally causing disruption, leaving trash, and/or being a general nuisance and Mr. Magnolia is just using the property rights stuff as a way to cut down on the overall traffic. Figure out what the real problem is, and you may reach a solution suitable to all. A couple other posters have mentioned trash and burned wood. That sounds like beachfront parties. Hopefully not late night divers.

My experiences at my beachfront summer home in Fairhaven, across the bay from New Bedford, make me have some sympathy for Mr. Magnolia. People can be rather thoughtless at times. I've lost count at how many people jump up onto my sailing dinghy and flop out for a little bit of suntanning. (It's moored about 500' out, but still in waist deep water, right in front of my house.) Most of the time I just ignore it, but I do draw the line at those that start pawing through the gear I leave onboard, or drinking the water and juice I leave onboard.

Countless times people wander through my property, go underneath my house which is on stilts, and settle in on the my seawall. A fair number of them then light up a cigarette, only to later flip the butt either into the ocean or back onto my grass. My normal response is to simply walk out on the overlooking deck and say in a neutral or friendly way something along the line of "There's public access to the beach down 5 houses at the end of the road". Most people look startled for an instant, and the politely move on. A few get hostile.

 

[Charlie99]

How long has the dive club been using this land/dive site? If it has been used regularly and overtly long enough (7 Years?) the dive club may have legal claim to continued use regardless of ownership.

All the more reason for property owners to occasionally assert their rights.

Once a year, Stanford University, which is adjacent to Palo Alto, California goes around and blocks off the various accesses to the university. To the casual observer the relatively large campus has a number of public roads running through it. In reality the campus is all private land. So to maintain ownership they assert their rights by closing down each of the roads for an hour or two each year. Typically done one at a time, 2AM Sunday morning, but it does meet the legal requirements of what is needed to maintain full ownership.

 

[ScubaNorth]

How long has the dive club been using this land/dive site? If it has been used regularly and overtly long enough (7 Years?) the dive club may have legal claim to continued use regardless of ownership. Also, what are Mass. laws regarding access to navigable waterways?

In MA the use would have to be with permission or implied permission at a minimum, I would say calling the cops would negate that argument.

 

[ScubaNorth]

All the more reason for property owners to occasionally assert their rights.

Once a year, Stanford University, which is adjacent to Palo Alto, California goes around and blocks off the various accesses to the university. The the casual observer the relatively large campus has a number of public roads running through it. In reality the campus is all private land. So to maintain ownership they assert their rights by closing down each of the roads for an hour or two each year. Typically done one at a time, 2AM Sunday morning, but it does meet the legal requirements of what is needed to maintain full ownership.

I own a house on a dead end (it dead ends to another road) you can drive right on through with no issue. Too keep this from being declared a through way we must close off the road for a few days every ten years. It's not an issue right now but if they ever pave the road (it is gravel) it will become a cut through between two large roads so we will shut it down for good.

 

[ScubaNorth]

Looking at the photo, I wonder what's really going on. I suspect it may just be a case of divers generally causing disruption, leaving trash, and/or being a general nuisance and Mr. Magnolia is just using the property rights stuff as a way to cut down on the overall traffic. Figure out what the real problem is, and you may reach a solution suitable to all. A couple other posters have mentioned trash and burned wood. That sounds like beachfront parties. Hopefully not late night divers.

I started the trash and crash nonsense and by no means mean to imply any diver on this board is responsible for bad behavior. I know quite a few and they are respectful people, it was the attitude I took issue with. I was just trying to say look at it from his point of view, and relay what I heard in the past about the issues. I certainly have no tolerance for a PD that does not err on the side of the locals. I am not a local and would move along if asked even if I was in the right. I just find it amazing that this guy puffed out his chest a bit , and now he is being portrayed as a crazy man doing god knows what on his property. Why not leave him a few lobsters next time or at least a moon snail and a few of those pain in the neck crabs. I gotta find a plot plan of his place and find out who owns what. Sorry if anyone thought I was bashing the dive club, like I said my first reaction was "what a jerk" then I read on...........

 

[ScubaNorth]

I was kind of wondering what the diving is like there. The satellite picture makes it look kind of ... exciting ...

Not as exciting as it looks, cold water, strong surge, low vis and food that fights back.

 

[Ken abucs]

You have to remember that things can change. If you make these people mad enough, they can petiton the town and have this area posted for resident parking only. Seeing that you aren't reseidents, you won't even get a vote. It's not just a good idea to make nice with this guy. It's really in your best interest. Not only that, there's a good chance he could find this thread with a google search. Then he could use the spiteful nature of some of the comments to prove harrassment. This could help him make the case to close the roads to public parking.

BE A GOOD NEIGHBOR!!!

 

[Charlie99]

I started the trash and crash nonsense and by no means mean to imply any diver on this board is responsible for bad behavior.

I didn't read that into it, but the homeowner may not be that discriminating. Sometimes all "outsiders" get lumped into one --- dive club, other divers, even non-divers. It's just that the dive club is probably the only ones he can identify.

I own a house on a dead end .... Too keep this from being declared a through way we must close off the road for a few days every ten years. It's not an issue right now but if they ever pave the road (it is gravel) it will become a

NOW, we know why you can so easily see it from Mr. Magnolia's viewpoint.